The Court of Chivalry 1634-1640.
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524 POLKINHORNE V FINNEY
Roger Polkinhorne of Penzance, co. Cornwall, gent v Robert Finney of the same, yeoman
June 1637 - February 1638
Godolphin House in Breage, Cornwall, the seventeenth-century home of Francis Godophin, esquire, justice of the peace and commissioner for taking witness statements at Penzance in January 1638 (From William Borlase, The Natural History of Cornwall (1758))
Abstract
The cause of Polkinhorne's complaint against Finney remains unknown. He took out a bond to prosecute the case on 29 June 1637 and on 28 November Dr Duck responded to his libel. A commission headed by Francis Basset and Francis Godolphin, esqs., was appointed to meet to examine witnesses 16-18 January 1638 in the inn of William Nolsworthy in Penzance, Cornwall. The quarrel appears to have been settled by arbitration as on 12 February 1638 Dr Talbot claimed the cause had been agreed.
Initial proceedings
3/165, Plaintiff's bond
29 June 1637
Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.
Signed by Henry Polkinhorne of Penzance, gent, on behalf of Roger Polkinhorne.
Sealed, subscribed and delivered in the presence of Humphrey Terrick.
Summary of proceedings
Dr Talbot acted as counsel for Polkinhorne with Dr Duck for Finney. This cause appeared before Lord Maltravers and Sir Henry Marten on 14 October 1637, and on 18 November Finney was required to appear in accordance with his bond. On 28 November Dr Duck responded to the libel and the commissioners John Synawbine, esq, Francis Basset, esq, Francis Godolphin, esq, and James Peade, esq, and also, William Harris and John Cooke esqs, John Tredinham, gent, and John Kendall, gent, were appointed to meet from 16 to 18 January 1638 in the inn of William Nolsworthy in Penzance, co. Cornwall. On 12 February 1638 Dr Talbot claimed the cause had been agreed.
Notes
Roger Polkinhorne was the fifth son of John Polkinhorne of co. Cornwall, and Alice, daughter of Otes Edy of Bodmin, co. Cornwall. He was aged 14 in 1620.
J. L. Vivian and H. H. Drake (eds.), The Visitation of Cornwall in the year 1620 (Publications of the Harleian Society, 9, 1874), p. 175.
Documents
- Initial proceedings
- Plaintiff's bond: 3/165 (29 Jun 1637)
- Proceedings
- Proceedings before Arundel: 8/26 (14 Oct 1637)
- Proceedings before Maltravers: 8/27 (14 Oct 1637)
- Proceedings before Maltravers: 8/29 (18 Nov 1637)
- Proceedings before Maltravers: 8/30 (28 Nov 1637)
- Proceedings before Arundel: 1/5, fos. 23-35 (3 Feb 1638)
- Proceedings before Arundel: 1/5, fos. 38-56 (12 Feb 1638)
People mentioned in the case
- Basset, Francis, esq
- Cooke, John, esq
- Duck, Arthur, lawyer
- Edy, Alice
- Edy, Otes
- Finney, Robert, yeoman
- Harris, William, esq
- Howard, Henry, baron Maltravers
- Howard, Thomas, earl of Arundel and Surrey
- Godolphin, Francis, esq
- Kendall, John, gent
- Marten, Henry, knight
- Nolsworthy, William, innkeeper
- Peade, James, esq
- Polkinhorne, Alice (also Pulkinhorne)
- Polkinhorne, Henry, gent (also Pulkinhorne)
- Polkinhorne, John (also Pulkinhorne)
- Polkinhorne, Roger, gent (also Pulkinhorne)
- Synawbine, John, esq
- Talbot, Clere, lawyer
- Terrick, Humphrey
- Tredinham, John, gent
Places mentioned in the case
- Cornwall
- Bodmin
- Penzance
- Middlesex
- Westminster
Topics of the case
- arbitration